1.1                          A bill for an act 
  1.2             relating to occupational safety and health; modifying 
  1.3             penalty provisions; amending Minnesota Statutes 2002, 
  1.4             sections 182.666, subdivisions 2, 2a; 182.667, 
  1.5             subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 182.666, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  Any employer who has received a citation for a 
  1.10  serious violation of its duties under section 182.653, or any 
  1.11  standard, rule, or order adopted under the authority of the 
  1.12  commissioner as provided in this chapter, shall be assessed a 
  1.13  fine not to exceed $7,000 for each violation.  If a serious 
  1.14  violation under section 182.653, subdivision 2, causes or 
  1.15  contributes to the death of an employee, the employer shall be 
  1.16  assessed a fine not to exceed $25,000. 
  1.17     Sec. 2.  Minnesota Statutes 2002, section 182.666, 
  1.18  subdivision 2a, is amended to read: 
  1.19     Subd. 2a.  Notwithstanding any other provision of this 
  1.20  section, If any (1) serious, willful, or repeated violation 
  1.21  other than a violation of section 182.653, subdivision 2; or (2) 
  1.22  any failure to correct a violation pursuant to subdivision 4 
  1.23  causes or contributes to the death of an employee, the minimum 
  1.24  total nonnegotiable fine which shall be assessed for all 
  1.25  citations connected to the death of an employee is $50,000 if 
  2.1   there is a willful or repeated violation or $25,000 if there is 
  2.2   no willful or repeated violation unless upon giving due 
  2.3   consideration to the factors set out in subdivision 6, the 
  2.4   commissioner determines that extraordinary circumstances require 
  2.5   the assessment of a lesser total nonnegotiable fine.  If the 
  2.6   business or enterprise employs fewer than 50 employees, this 
  2.7   subdivision does not apply to the death of an employee who owns 
  2.8   a controlling interest in the business or enterprise, except if 
  2.9   the commissioner determines that a fine shall be assessed. 
  2.10     Sec. 3.  Minnesota Statutes 2002, section 182.667, 
  2.11  subdivision 2, is amended to read: 
  2.12     Subd. 2.  Any employer who willfully or repeatedly violates 
  2.13  the requirements of section 182.653, any safety and health 
  2.14  standard promulgated under this chapter, any existing rule 
  2.15  promulgated by the department, may be punished by a fine of not 
  2.16  more than $20,000 $70,000 or by imprisonment for not more than 
  2.17  six months or by both; except, that if the conviction is for a 
  2.18  violation committed after a first conviction of such person, 
  2.19  punishment shall be a fine of not more than $35,000 $100,000 or 
  2.20  by imprisonment for not more than one year, or by both.